Journal of the Senate
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

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Printed Page 3130 . . . . . Thursday, May 23, 1996

Message from the House

Columbia, S.C., May 23, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3785 -- Reps. Sharpe, Knotts, Hutson, Limehouse, Littlejohn, A. Young, Whatley, Fleming, Bailey, Fair, Easterday, Allison, Meacham, Walker, Moody-Lawrence, R. Smith, Neal, Tripp, Neilson, Stille, Davenport, Witherspoon, Hines, Vaughn, Rice, Cato, Haskins, Sandifer, Shissias, Mason, Riser, J. Brown, Wright, Wofford, Richardson, J. Harris, Dantzler and Harrison: A BILL TO AMEND TITLE 40, CHAPTER 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MASSEURS AND MASSEUSES, TO ENACT THE MASSAGE PRACTICE ACT SO AS TO CREATE THE BOARD OF MASSAGE AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO ESTABLISH LICENSURE AND RENEWAL REQUIREMENTS FOR MASSAGE THERAPISTS; TO DEFINE ACTS OF MISCONDUCT AND TO PROVIDE DISCIPLINARY ACTION AND PROCEDURES FOR MISCONDUCT, AND TO PROVIDE PENALTIES.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 23, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:


Printed Page 3131 . . . . . Thursday, May 23, 1996

H. 3905 -- Reps. Wright, Quinn and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-45 SO AS TO PROVIDE A PROCEDURE FOR REIMBURSING A SCHOOL DISTRICT FOR COSTS TO THE DISTRICT OF EDUCATING A CHILD NOT A RESIDENT OF THE SCHOOL DISTRICT HE ATTENDS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 23, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 4637 -- Reps. Townsend, Allison, Howard and Wright: A BILL TO AMEND CHAPTER 125, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WINTHROP UNIVERSITY, BY DESIGNATING SECTIONS 59-125-10 THROUGH 59-125-120 AS ARTICLE 1, ENTITLED "GENERAL PROVISIONS", AND BY ADDING ARTICLE 3 ENACTING THE WINTHROP UNIVERSITY FACILITIES REVENUE BOND ACT SO AS TO PROVIDE AUTHORITY FOR THE UNIVERSITY TO ISSUE REVENUE BONDS TO ACQUIRE, CONSTRUCT, RENOVATE, AND EQUIP CERTAIN REVENUE-PRODUCING FACILITIES, AND TO PROVIDE THE TERMS AND CONDITIONS UNDER WHICH THESE BONDS MAY BE ISSUED, INCLUDING THOSE REVENUES THAT MAY BE PLEDGED FOR THEIR REPAYMENT.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.


Printed Page 3132 . . . . . Thursday, May 23, 1996

Message from the House

Columbia, S.C., May 23, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 4818 -- Reps. Harrison, Sheheen, Whatley, Tucker, Spearman, Rice, Herdklotz, Seithel, Young-Brickell, Stuart, Wilkins, Knotts, Klauber, Wofford, Fleming, Chamblee, D. Smith, Sandifer, Cain, Riser, Meacham, Cato, Robinson, H. Brown and Wright: A BILL TO AMEND SECTION 20-7-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING A CHILD INTO CUSTODY FOR VIOLATING THE LAW, SO AS TO INCLUDE AN ADDITIONAL REQUIREMENT FOR DETENTION IN A SECURE JUVENILE DETENTION FACILITY AND TO PROVIDE SPECIFIC TIME FRAMES FOR REVIEW OF A JUVENILE IN A DETENTION FACILITY; TO AMEND SECTION 20-7-780, AS AMENDED, RELATING TO CONFIDENTIALITY OF JUVENILE RECORDS, FINGERPRINTS, AND PHOTOGRAPHS, SO AS TO EXPAND THE CIRCUMSTANCES UNDER WHICH A JUVENILE MAY BE FINGERPRINTED AND TO EXPAND THE USE OF FINGERPRINTS; AND TO AMEND SECTION 20-7-2170, AS AMENDED, RELATING TO COMMITMENT OF CHILDREN TO THE DEPARTMENT OF JUVENILE JUSTICE AND TRANSFER TO THE DEPARTMENT OF CORRECTIONS, SO AS TO EXPAND THE CONDITIONS UNDER WHICH THE COURT MAY WAIVE THE TEMPORARY COMMITMENT OF A CHILD TO THE DEPARTMENT FOR EVALUATION.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

HOUSE AMENDMENTS AMENDED

RETURNED TO THE HOUSE WITH AMENDMENTS

S. 1028 -- Senators Hayes, Short and Peeler: A BILL TO AMEND SECTION 5-15-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF AUTHORITY TO CONDUCT A MUNICIPAL ELECTION FROM A MUNICIPAL ELECTION COMMISSION TO A COUNTY ELECTION COMMISSION, SO AS TO


Printed Page 3133 . . . . . Thursday, May 23, 1996

PROVIDE FOR THE ABOLISHMENT OF A MUNICIPAL ELECTION COMMISSION WHEN THE TOTAL RESPONSIBILITY FOR THE CONDUCT OF A MUNICIPAL ELECTION IS TRANSFERRED TO A COUNTY ELECTION COMMISSION.

The House returned the Bill with amendments.

Senator HAYES explained the amendments.

Senator RANKIN proposed the following amendment (1028R001.LAR), which was adopted:

Amend the bill, as and if amended, page 1, after line 34, by adding an appropriately numbered new SECTION to read:

/SECTION . Section 5-7-140 of the 1976 Code is amended to read:

"Section 5-7-140. For the purpose of maintaining proper policing and to provide proper sanitation, the police jurisdiction and authority of any municipality bordering on the high-tide line of the Atlantic Ocean or the high-water mark of any other navigable body of water is extended to include all that area lying between the high-tide line and the low-tide line or between the high-water mark and the low-water mark. These areas, including areas bordering on navigable bodies of water running through a municipality or contained wholly within the municipality, are subject to all the ordinances and regulations that may be applicable to the areas lying within the corporate limits of the municipality, and the municipal courts have jurisdiction to punish individuals violating the provisions of the municipal ordinances where the misdemeanor occurred in the areas defined in this section. (A) The corporate limits of any municipality bordering on the high-tide line of the Atlantic Ocean are extended to include all that area lying between the high-tide line and one mile seaward of the high-tide line. These areas are subject to all the ordinances and regulations that may be applicable to the areas lying within the corporate limits of the municipality, and the municipal courts have jurisdiction to punish individuals violating the provisions of the municipal ordinances where the misdemeanor occurred in the area defined in this section.

(B) The corporate limits of any municipality bordering on the high water mark of a navigable body of water (other than the Atlantic Ocean) are extended to include all that area lying between the high water mark and the low water mark. These areas are subject to all of the ordinances and regulations that may be applicable to the areas lying within the corporate limits of the municipality, and the municipal courts have jurisdiction to punish individuals violating the provisions of the municipal


Printed Page 3134 . . . . . Thursday, May 23, 1996

ordinances where the misdemeanor occurred in the areas defined in this section."/

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was amended and ordered returned to the House with amendments.

RETURNED FROM THE HOUSE WITH AMENDMENTS

COMMITTED TO THE AIKEN COUNTY DELEGATION

S. 1362 -- Senator Ryberg: A BILL TO PROHIBIT THE CITY OF AIKEN, BY CONTRACT OR OTHERWISE, FROM REQUIRING PERSONS OUTSIDE THE CITY RECEIVING WATER, SEWER, OR FIRE PROTECTION SERVICES TO REFRAIN FROM OPPOSING ANNEXATION AS A CONDITION OF CONTINUED RECEIPT OF WATER, SEWER, OR FIRE PROTECTION SERVICES, IF THE CITY EXTENDED WATER, SEWER, OR FIRE PROTECTION SERVICES TO THE PERSON PRIOR TO JANUARY 1, 1995, WITHOUT SUCH A REQUIREMENT.

The House returned the Bill with amendments.

Senator RYBERG asked that the Bill be committed to the Aiken County Delegation.

There was no objection.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1429 -- Senators Richter, Ryberg, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Hutto, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Rose, Russell, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A SENATE RESOLUTION TO COMMEMORATE THE 50TH ANNIVERSARY OF THE ORDINATION OF THE REVEREND MONSIGNOR ROY FRANCIS


Printed Page 3135 . . . . . Thursday, May 23, 1996

AIKEN TO THE PRIESTHOOD OF THE ROMAN CATHOLIC CHURCH AND TO THANK HIM FOR HIS CAREER OF DEDICATED, FAITHFUL, AND LOVING SERVICE TO HIS MANY FAMILY MEMBERS, FRIENDS, PARISHIONERS, AND TO ALL THE PEOPLE OF SOUTH CAROLINA.

The Senate Resolution was adopted.

S. 1430 -- Senators Richter, Ryberg, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Hutto, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Rose, Russell, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A SENATE RESOLUTION TO RECOGNIZE AND COMMEMORATE THE 50TH ANNIVERSARY OF THE ORDINATION OF THE REVEREND MONSIGNOR LOUIS FRANCIS STERKER TO THE PRIESTHOOD OF THE ROMAN CATHOLIC CHURCH AND TO THANK HIM FOR HIS CAREER OF DEDICATED, FAITHFUL, AND LOVING SERVICE TO HIS MANY FAMILY MEMBERS, FRIENDS, PARISHIONERS, AND TO ALL THE PEOPLE OF SOUTH CAROLINA.

The Senate Resolution was adopted.

H. 5045 -- Reps. Koon, Rhoad and Stuart: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF U.S. HIGHWAY 301 FROM THE BAMBERG CITY LIMITS TO ELDERBRANCH ROAD IN ORANGEBURG COUNTY AS THE "WILLIAM BLEASE LATTIMORE, SR. MEMORIAL HIGHWAY".

Whereas, William Blease Lattimore, Sr., was born in York County on August 6, 1912, the son of William Carson and Ruth S. Lattimore, and was a resident of Richland County when he died September 29, 1984; and

Whereas, Mr. Lattimore came from a family of highway construction workers and at the age of twelve, he went to work with his father in road construction carrying water for mules; and

Whereas, he dedicated the majority of the next fifty years to building and improving roads and highways in South Carolina; and

Whereas, Mr. Lattimore's career as a superintendent in road construction included being superintendent of two sections of Interstate 20 in Lexington County, two sections of Interstate 26, two sections of


Printed Page 3136 . . . . . Thursday, May 23, 1996

Interstate 85, one section of Interstate 95, and numerous main and secondary roads throughout the State; and

Whereas, during his tenure as construction superintendent the name "Lattimore" was synonymous with road construction in South Carolina; and

Whereas, Mr. Lattimore's last road construction job was as superintendent on widening U.S. Highway 301 in Bamberg and Orangeburg counties where one of his two sons, also in road construction, worked with him on this job; and

Whereas, Mr. Lattimore was a hardworking, well respected supervisor, and a man of talent, leadership, and integrity who was committed to doing the best job possible; and

Whereas, it is fitting and proper that the work and service to which Mr. William Blease Lattimore dedicated his life be recognized by naming a portion of U.S. Highway 301 as the "William Blease Lattimore, Sr. Memorial Highway". Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly request that the Department of Transportation designate and name the portion of U.S. Highway 301 from the Bamberg City limits to Elderbranch Road in Orangeburg County as the "William Blease Lattimore, Sr. Memorial Highway" and install appropriate markers or signs at placed along the highway as the department considers advisable containing the words "William Blease Lattimore, Sr. Memorial Highway".

Be it further resolved that a copy of this resolution be forwarded to the family of Mr. William Blease Lattimore, Sr., c/o Mr. Shelton Lattimore, P. O. Box 21, Gilbert, South Carolina 29054.

On motion of Senator LAND, with unanimous consent, the Concurrent Resolution was ordered placed on the Calendar for consideration tomorrow.

H. 5067 -- Reps. Govan, Allison, Anderson, Askins, Bailey, Baxley, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks,


Printed Page 3137 . . . . . Thursday, May 23, 1996

Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION TO DECLARE JUNE 1, 1996, AS "STAND FOR CHILDREN DAY" IN SOUTH CAROLINA, TO ENCOURAGE THE CITIZENS OF SOUTH CAROLINA TO PARTICIPATE IN NATIONAL AND LOCAL EVENTS COMMEMORATING THIS DAY AND TO MAKE A PERSONAL COMMITMENT IN THEIR LIVES TO IMPROVE THE QUALITY OF LIFE FOR CHILDREN IN SOUTH CAROLINA, AND TO RECOGNIZE AND COMMEND ABBIEGAIL HUGINE OF JACK & JILL OF ORANGEBURG AND STATE COORDINATOR FOR "STAND FOR CHILDREN" FOR SPEARHEADING THIS EFFORT IN SOUTH CAROLINA.

Whereas, on June 1, 1996, Americans from all backgrounds will come together to take a "Stand For Children" at the Lincoln Memorial in Washington, D.C., and renew our community's and nation's commitment to improving the quality of our children's lives; and

Whereas, on "Stand For Children Day" and beyond, families, citizens, members of religious congregations, schools, community-based organizations, businesses, and political and cultural groups will join together as local and national communities to recognize our children's unmet needs and rededicate ourselves to addressing them; and

Whereas, caring for our children must be our families', communities', and nation's first priority; and

Whereas, this commitment must begin at the local level where children and families live and work and have the potential to thrive, and where all citizens, working together, can make a difference in our children's lives; and

Whereas, the Jack & Jill organization of Orangeburg has spearheaded the "Stand For Children" effort in South Carolina; and

Whereas, the citizens of South Carolina are encouraged to participate in this historical event in our nation's capitol and in our local communities; and

Whereas, each and every citizen of South Carolina is encouraged to take specific positive steps to improve the quality of life for children in South Carolina; and


Printed Page 3138 . . . . . Thursday, May 23, 1996

Whereas, Mrs. Abbiegail Hugine of Jack & Jill of Orangeburg is to be commended for her tireless efforts as State Coordinator of "Stand For Children" and her dedication and commitment to improving the lives of children in South Carolina. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That, by this resolution, the General Assembly declares June 1, 1996, as "Stand For Children Day" in South Carolina, encourages the citizens of South Carolina to participate in national and local events commemorating this day and to make a personal commitment in their lives to improve the quality of life for children in South Carolina, and recognizes and commends Abbiegail Hugine of Jack & Jill of Orangeburg and State Coordinator for "Stand For Children" for spearheading this effort in South Carolina.

Be it further resolved that a copy of this resolution be forwarded to Abbiegail Hugine of Jack & Jill of Orangeburg.

Referred to the Committee on Invitations.

H. 5027 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS, RELATING TO CONTINUING PROFESSIONAL COMPETENCY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1912, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

REPORT OF STANDING COMMITTEE

Senator MOORE from the Committee on Medical Affairs polled out H. 3182 favorable:

H. 3182 -- Reps. L. Whipper, Breeland, J. Brown, Davenport, Harvin, Inabinett, Kirsh, Lloyd and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-43-720 SO AS TO PROHIBIT BODY PARTS FROM A DEAD BODY REMOVED DURING AN AUTOPSY TO BE USED FOR ORGAN OR TISSUE DONATION UNLESS CONSENT HAS BEEN OBTAINED; TO AMEND SECTIONS 44-43-330 AND 44-43-950, BOTH AS AMENDED, AND BOTH RELATING TO CONSENT FOR ORGAN AND TISSUE DONATION, SO AS TO REQUIRE THAT COUNSELING AND A


Printed Page 3139 . . . . . Thursday, May 23, 1996

WRITTEN STATEMENT REGARDING THE DONATION AND ITS PROPOSED USE BE GIVEN TO THE PERSON CONSENTING; AND TO AMEND SECTION 44-43-960 RELATING TO CIRCUMSTANCES REQUIRING PERMISSION FROM THE MEDICAL EXAMINER OR CORONER FOR ORGAN OR TISSUE RECOVERY, SO AS TO CLARIFY THAT THIS PERMISSION IS IN ADDITION TO THE CONSENT OF THE DECEDENT OR NEXT-OF-KIN.

Poll of the Medical Affairs Committee on H. 3182

Ayes 18; Nays 0; Not Voting 0

AYES
Moore                J. Verne Smith       Peeler
Bryan                Courson              Giese
Thomas               Washington           Rose
Hayes                Cork                 Ford
Jackson              Richter              Short
Alexander            Greg Smith           Boan
TOTAL--18

NAYS
TOTAL--0

NOT VOTING
TOTAL--0

Ordered for consideration tomorrow.

Leave of Absence

On motion of Senator BOAN, at 4:45 P.M., Senator CORK was granted a leave of absence for the balance of the day.

Leave of Absence

At 4:45 P.M., Senator GIESE requested a leave of absence from 5:45 - 7:00 P.M.


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